5th November 2017 session
unions
Appeal No. 1568 of Judicial Year 79
law firm. unions . Annulment of the “interest in the appeal” “what decisions may not be appealed.”
Articles 13, 14/3 and 44 of Law 17 of 1983 regarding the legal profession. that it?
The lawyer appealed in cassation against the Bar Association's decision to transfer his name to the non-working list based on his request to join another job. Unacceptable. Bug and the basis for it?
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Whereas Article 44 of the Advocacy Law promulgated by Law No. 17 of 1983 states in its first paragraph that: “The Council of the Bar, after hearing the lawyer’s statements or after announcing him in the event of his failure to attend, may issue a reasoned decision to transfer his name to the roll of non-practicing lawyers if he loses a condition of Conditions for registration in the general roll stipulated in this law. Since that is the case, and Article 13 of the aforementioned Advocacy Law states that: “It is required for a person to request that his name be entered in the general roll to be: 1-…, 2-…, 3-…, 4 - ...., 5 - ....,6 - ...., 7 - ...., 8 - .... Is there not a case in his case where it is not permissible to combine a lawyer with the following jobs: 1 - ...., 2 - ...., 3 - .... Public jobs in the government, public bodies, local administration, jobs in public sector companies or private jobs, except for work in legal departments that are authorized to do so in accordance with the provisions of this law .... - Attached is an official copy of it in the appeal file - that it was issued at the request of the appellant, in which he seeks approval to transfer his name to the list of non-employed persons, due to his appointment to a city council .... as a catering inspector, which contradicts the text of Article 14/3 of the Law on Advocacy regarding the inadmissibility of combining the legal profession with any other profession.Since that was the case, and it was decided that the interest in the right to appeal the judgment according to the text of Article 211 of the Code of Procedure was that the judgment had harmed the appellant, so he was judged with something for his opponent, and it may be like that when he did not fulfill all his requests if he was a plaintiff or if all his defense was not taken if He was a defendant, and if the principle is that the purely theoretical interest is not valid as a basis for the appeal when the appellant does not derive any benefit from it, the appeal against a judgment issued according to the requests of the appellant is not accepted, and the contested decision was issued according to the requests of the appellant as evidenced by the request submitted by him - Annex A true copy of him in the appeal file - due to his joining the position of a catering inspector, as he has a case of combining a lawyer with one of the jobs mentioned in the third paragraph of Article 14 of the Law of the Law, and on top of that, the contested decision was issued by the Bar Council concerned with its issuance pursuant to Article 44 of the aforementioned Advocacy Law, and it was justified in the manner previously explained, so the appeal is on an unspecified basis.Not accepting it.
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the facts
A decision was issued by the Registration Committee at the Bar on.... to transfer the name of the appellant to the roll of non-practicing lawyers.
He appealed this decision by way of cassation....etc.
Whereas Article 44 of the Advocacy Law promulgated by Law No. 17 of 1983 states in its first paragraph that: “The Council of the Bar, after hearing the lawyer's statements or after announcing him in the event of his failure to attend, may issue a reasoned decision to transfer his name to the roll of non- practicing lawyers if he loses a condition of Conditions for registration in the general roll stipulated in this law. Since that is the case, and Article 13 of the aforementioned Advocacy Law states that: “It is required for a person to request that his name be entered in the general roll to be: 1-…, 2-…, 3-…, 4 - ...., 5 - ...., 6- ...., 7- ...., 8- .... Is there not a case in his case where it is not legal to combine a lawyer with the following jobs: 1- ...., 2 - ...., 3- .... Public jobs in the government, public bodies, local administration, jobs in public sector companies or private jobs, except for work in legal departments that are authorized to do so in accordance with the provisions of this law .... /2001 - Attached is an official copy of it in the appeal file -that it was issued at the request of the appellant, in which he seeks approval to transfer his name to the non-working list, because of his appointment to a city council .... as a catering inspector, which contradicts the text of Article 14/3 of The Law of the Law regarding the inadmissibility of combining the legal profession with any other profession, since that was the case, and the decision was based on the right to appeal the ruling according to a text Article 211 of the Pleadings Law is that the judgment has harmed the appellant, so he was judgments to something for his opponent,and it may be like that when he did not judge him with all his requests if he was a plaintiff, or if all his defense was not taken if he was a defendant, although the principle is that the purely theoretical interest is not valid as a basis for appeal when the appellant was not reaping any benefit from it, and he did not accept an appeal against a ruling issued in accordance with the requests of the appellant, and the contested decision had been issued according to the requests of the appellant as evidenced by the request submitted by him - attached a true copy of it to the appeal file - because of his joining the position of a supply inspector, as it is available in His right is the case of combining a lawyer with one of the jobs mentioned in the third paragraph of Article 14 of the Advocacy Law. more,With its issuance pursuant to Article 44 of the aforementioned Advocacy Law, and it was justified in the previously stated manner, so the appeal It is not based and is not acceptable.
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